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1970 Supreme(SC) 68

A. N. RAY, J. C. SHAH, A. N. GROVER, M. HIDAYATULLAH, K. S. HEGDE
R. D. Agarwala: Musaddi Lal – Appellant
Versus
Union Of India – Respondent


Judgment

HIDAYATULLAH, C.J.I.- This order will govern the disposal of Civil Appeals Nos. 2634 of 1969 and 63 of 1970. These two appeals arise out of two writ petitions filed in the High Court of Delhi which were disposed of by a common judgment delivered by a learned single Judge on December 5, 1969. The appeals have been brought on certificate granted suo motu by the learned single Judge under Article 132 (1) of the Constitution of India. While granting the certificate, the learned single Judge observed that at an earlier stage in the case, request was made to him to refer these two petitions for decision to a Bench, because important questions were involved in them. At that time, the learned Judge felt that since there was a Division Bench decision of the Rajasthan High Court in Jaipur Udhyog Ltd. v. Union of India, AIR 1969 Raj 281 there was no need to refer the matter to a larger Bench. The learned Judge goes on to say in the order granting certificate that at the time of the hearing, he found that several questions arose before him which were not covered by the Rajasthan decision. He probably felt that as the points which he had to decide were not considered by this Court in an



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